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Human Resources Legislative Update

On June 17, 2021, the Ontario government filed O. Reg. 477/21 which amends O. Reg. 347/18 “Exemptions” (Regulation) made under the Police Record Checks Reform Act, 2015 (Act). The amendments are of particular interest to police services and employers who use police record checks to assist in determining suitability for employment. Police services will be…

Human Resources Legislative Update

On February 10, 2021, the Ontario government published a consultation paper seeking stakeholder input regarding possible changes to the exemptions from the Police Record Checks Reform Act, 2015 (Act). Because the information disclosed as a result of police record checks is often used to assist in determining suitability for employment, employers may wish to offer their…

Human Resources Legislative Update

As discussed in our previous post, the Police Record Checks Reform Act, 2015 (Act) creates new procedural requirements for requesting and obtaining criminal record, judicial matters and vulnerable sector backgrounds checks. The Act creates a requirement for a two-stage consent process where: (1) the individual must consent to the type of check being conducted; and…

Human Resources Legislative Update

Employers are reminded that amendments made to the Competition Act by Bill C-19, Budget Implementation Act, 2022, No. 1 (Bill C-19) will come into force on June 23, 2023. Bill C-19 amends the existing criminal conspiracy provisions of the Competition Act to make it a criminal offence for an employer to conspire, agree or arrange…

Human Resources Legislative Update

On April 3, 2023, the Ontario government announced a range of measures related to pensions and employment (amongst other matters) in the province. On the same day, the government introduced Bill 91, Less Red Tape, Stronger Economy Act, 2023 (Bill 91) to implement some of those measures. Bill 91 and the additional measures are of…

FTR Now

On March 20, 2023, the Ontario government tabled Bill 79, Working for Workers Act, 2023. If passed, Bill 79 would amend several statutes including the Employment Standards Act, 2000, the Occupational Health and Safety Act, and the Employment Protection for Foreign Nationals Act, 2009. In this FTR Now, we review proposed amendments of particular interest…

Common Ground? Class Action Updates

In a recent development in Ottawa’s “convoy class action,” Justice MacLeod of the Ontario Superior Court provided a helpful review for litigants of what will be considered an appropriate pleading under the Rules of Civil Procedure particularly in the class proceedings context. Background Li v. Barber is a proposed class proceeding commenced by an Ottawa…

Case In Point

In Croke v VuPoint Systems Ltd., the Ontario Superior Court of Justice recently found that an employee’s failure to comply with his employer’s vaccination requirements amounted to a frustration of contract, disentitling the employee to wrongful dismissal damages at common law. The employer, VuPoint, provided installation services for Bell Canada. The employee exclusively worked for Bell,…

Common Ground? Class Action Updates

In Phillip v Deloitte Management Services LLP et al, the Ontario Superior Court recently approved a $2.4 million dollar settlement in a class action alleging employee misclassification and breaches of the Employment Standards Act, 2000 (ESA). The class action commenced nearly 8 years ago and involved approximately 500 individuals who provided document review and e-discovery…